Facing the situation that the property auction enterprise did not return the deposit of customers participating in the auction, which occurred in the area recently, the Chairman of the People’s Committee of Thua Thien Hue province has just directed the relevant agencies and units to declare solutions to limit violations in asset auction activities.
Representative of Global Company in the auction of logging plantation forest in Phong Dien district, Thua Thien Hue province. Photo: QT
According to the Chairman of the People’s Committee of Thua Thien Hue province, in the past time, in the province, there has been a situation where the property auction enterprise did not return the pre-booked amount to the auction participant who did not win the auction, did not transfer the money. advance as a deposit to secure the performance of the auctioned asset purchase and sale contract in case of auction winning. This situation has affected the legitimate rights and interests of the agency having the auctioned asset and the auction participants and auction winners.
Faced with this situation, the Chairman of the People’s Committee of Thua Thien Hue province requested agencies and units that have auctioned assets to choose to organize an asset auction in accordance with the provisions of Circular No. 02/2022/TT-BTP dated 8 February 2022 of the Ministry of Justice guiding the selection of an asset auction organization. Agencies or units having auctioned assets shall publicly announce specific criteria and score points on other criteria relevant to auctioned assets when publicly announcing criteria for selection of an asset auction organization. The selection of an asset auction organization must ensure accuracy, independence, honesty, publicity, transparency, fairness and objectivity.
Chairman of the People’s Committee of Thua Thien Hue province requested the public posting of information on asset auctions, information on cancellation of the results of selection of an asset auction organization in the case of an intentional asset auction. provide inaccurate or falsified information about the criteria in the application for selection participation.
When signing an asset auction service contract with an asset auction organization, it must be strict, specific, clear, especially binding on the responsibilities and obligations of the asset auction organization to the asset auction organization. the deposit as prescribed in Article 39 of the Law on Property Auction 2016. Auction participants and the asset auction organization may agree to replace the deposit with a bank guarantee.
Chairman of Thua Thien Hue Provincial People’s Committee also directed to supervise the implementation of auction order and procedures by asset auction organizations, participating in auctions to promptly detect and take measures to handle violations. of the auction organization and auction participants.
Representative office of Global Online Partnership Auction Company at 5th floor, ETI building, 24 Ly Thuong Kiet, Vinh Ninh ward, Hue city. Photo: CARD
Chairman of Thua Thien Hue Provincial People’s Committee assigned the provincial Department of Justice to advise the Provincial People’s Committee to inspect, examine and handle violations of auction organization and activities in the province; organize the inspection of the selection of an asset auction organization at a number of agencies and units having auctioned assets in the province.
As reported, in the past time, in Thua Thien Hue, Global Online Auction Partnership Company (Global Company, headquartered in Ho Chi Minh City) and the General Director of this company, Mr. Hoang Minh Toan, have Pre-orders of customers participating in the auction to buy forest timber occurred at Huong Thuy Protection Forest Management Board and Phong Dien District Department of Agriculture and Rural Development.
Specifically, at the Huong Thuy Protection Forest Management Board, after organizing an auction of 50.95 ha of timber products from the JBIC project protection forest in early April 2022, Global Company and Mr. Hoang Minh Toan has misappropriated and failed to return 1.3 billion VND in advance of customers participating in the auction. In Phong Dien district, Global Company and Mr. Hoang Minh Toan appropriated and refused to refund more than 7.5 billion VND in advance of customers participating in the auction to buy plantation timber in the district.
According to the Ho Chi Minh City Department of Justice, not only “rubbing” the pre-orders of customers participating in auctions in Thua Thien Hue and Quang Binh, from 2019 until now, Mr. Hoang Minh Toan and Global Company have also performed many activities. Similar cases in many localities across the country with the amount of up to tens of billions of dong.
In December 2022, Mr. Hoang Minh Toan was arrested by the Quang Binh Provincial Police in coordination with the Ho Chi Minh City Police under a wanted warrant while hiding at a hotel in Ho Chi Minh City. Previously, Mr. Hoang Minh Toan was prosecuted by the Quang Binh Provincial Police Department for abusing trust to appropriate property under Article 175 of the Penal Code. After being prosecuted, Mr. Toan ran away from his residence.
In Quang Binh, Global Company has accepted to organize an auction of timber and forest firewood under the contract signed with 2 enterprises. After the successful auction, Global Company and Mr. Hoang Minh Toan appropriated and did not return the pre-booked money to customers.
According to Thua Thien Hue Provincial Police, this agency is currently in the process of consolidating the dossier to handle the act of appropriating the reservation money of Global Company and Mr. province area.